Database

Browse Database

VIETNAM

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Vietnam does not have an independent telecom authority. The Authority of Telecommunications is a ministerial unit which performs the advisory and regulatory functions over the telecommunications sectors nationwide.
Coverage Telecommunications sector

VIETNAM

Since February 2020, entry into force in April 2020, last amended in January 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Decree No. 15/2020/ND-CP on Penalties for Administrative Violations Against Regulations on Postal Services, Telecommunications, Radio Frequencies, Information Technology and Electronic Transactions (Nghị định số 15/2020/NĐ-CP của Chính phủ: Quy định xử phạt vi phạm hành chính trong lĩnh vực bưu chính, viễn thông, tần số vô tuyến điện, công nghệ thông tin và giao dich điện tử)
In February 2020, the Vietnamese government issued Decree No. 15/2020/ND-CP to regulate administrative violations on postal services, telecommunications, radio frequencies, IT and electronic transactions. Art. 44.1(d) of the Decree regulates penalties for not storing information at the server system with an IP address in Vietnam for electronic newspapers, general websites or web portals and social networks subject to the license. Art. 95.3 regulates penalties for advertising email and internet message services using servers not located in Vietnam.
Coverage Postal services, telecommunications, radio frequencies, IT and electronic transactions

VIETNAM

Since November 2005, entry into force in 2006, last amended in June 2022
Since November 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 50/2005/QH11 on Intellectual Property Rights (Luật Sở hữu trí tuệ 2005 số 50/2005/QH11)

Circular 23/2023/Vietnam on Industrial property
Patent applications by non-Vietnamese residents must be filed via recognised Vietnamese patent agents. According to Art. 89 of Law No. 50/2005/QH11 on Intellectual Property Rights, and Art. 4 of Circular 23/2023/Vietnam on Industrial property, non-Vietnamese residents, organisations or companies without business entities in Vietnam must apply for industrial property rights via legal representatives in Vietnam. Legal representatives must meet the criteria as regulated in Article 154 of the Law. The Parliament of Vietnam amended certain parts of Law No. 50/2005/QH11 with Law No. 36/2009/QH12, and such regulation remains.
Coverage Horizontal

VIETNAM

Since June 2018, entry into force in January 2019
Since August 2022, entry into force in October 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)

Decree No. 53/2022/ND-CP Detailing Some Articles of the Law on Cybersecurity (Nghị định số 53/2022/NĐ-CP của Chính phủ: Quy định chi tiết một số điều của Luật An ninh mạng)
Art. 26.3 of the Cybersecurity Law stipulates a mandatory requirement for the local storage of data on servers within Vietnam. This obligation is further elaborated in Chapter V of Decree 53. Under Art. 26 of Decree 53, all Vietnamese companies and certain foreign enterprises are required to store regulated data within Vietnam. This mandate extends to foreign enterprises if they engage in business activities within Vietnam in specific fields, including: telecommunication services; data sharing and storage; provision of national or international domains for Vietnamese users; e-commerce; social networking and social marketing; online gaming; and the provision, management, or operation of other internet-based information in forms such as messaging, telephone calls, video calls, email, or online gaming.
Art. 26 delineates the categories of regulated data as follows:
- Personal data of users based in Vietnam;
- Data generated by Vietnam-based users, including account name, time of usage, credit card details, email address, IP address, most recent log-out time, and registered phone number;
- Data pertaining to the relationships of Vietnam-based users, such as connections with friends or other individuals with whom users interact.
Coverage Horizontal

VIETNAM

Since December 1992, entry into force in march 1993

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Vietnam is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

VIETNAM

Since July 2013, entry into force in September 2013, last amended in April 2018

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Decree No. 72/2013/ND-CP of the Government: Management, Provision and Use of Internet Services and Online Information (Nghị định Số 72/2013/NĐ-CP của Chính Phủ: Quản Lý, Cung Cấp, Sử Dụng Dịch Vụ Internet và Thông Tin Trên Mạng)
Decree No. 72 establishes the management of Internet services and online networks. Arts. 22, 25, 28 and 34 require providers of websites, social networks, information on mobile networks and online games, respectively, to have at least one server inside the country "serving the inspection, storage, and provision of information at the request of competent state management agencies". In March 2018, the Vietnamese government issued Decree No. 27/2018/ND-CP to partially amend and enhance Decree No. 72. Requirements on local servers remain.
Coverage Internet service, online network, and online games
Sources

VIETNAM

Since November 2005, entry into force in 2006, last amended in June 2022
Since April 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 50/2005/QH11 on Intellectual Property Rights (Luật Sở hữu trí tuệ 2005 số 50/2005/QH11)

Decree No. 17/2023/ND-CP, guiding a number of articles of the Amended IP Law with regard to copyright and related rights (Nghị định quy định chi tiết một số điều và biện pháp thi hành Luật Đấu thầu về lựa chọn nhà thầu)
Vietnam’s copyright regime is governed by Law No. 50/2005/QH11 on Intellectual Property Rights and supplemented by Decree 17/2023 on Copyright. However, the exceptions outlined in this framework do not adhere to the fair use or fair dealing models, thereby restricting the lawful use of copyrighted works by others. Art. 25 of Law No. 50/2005/QH11 enumerates these exceptions, with Decree 17/2023 providing further clarification on their application. Notable exceptions include the recitation of works without distorting the author's views in articles for newspapers or periodicals, radio or television broadcasts, or documentaries, as well as the use of works in schools for teaching purposes, provided it does not misrepresent the author’s views and is not for commercial gain, among others.
Coverage Horizontal

VIETNAM

Since April 2023, entry into force in July 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Decree No. 13/2023/ND-CP on the Protection of Personal Data (Nghị định số 13/2023/NĐ-CP của Chính phủ: Bảo vệ dữ liệu cá nhân)
Under Art. 25 of Decree No. 13/2023/ND-CP, any entity or individual that transfers personal data offshore within the scope of the Decree has to prepare, maintain, and file a Transfer Impact Assessment (TIA) with the Department of Cybersecurity and Prevention of Cyber-Crimes under the Ministry of Public Security (MPS A05 Department) within 60 days after the transferor begins to process personal data. The offshore transfer of personal data is defined as using the internet, digital means or digital equipment or other means to transfer personal data of Vietnamese nationals to a location outside of the territory of Vietnam or using a location outside of the territory of Vietnam to process personal data of Vietnamese nationals (Art. 2.14).
The TIA must include, among other things:
- details of transferor and receiver(s); description and explanation of the purposes of the processing activities to be performed after such transfer;
- types of data to be transferred;
- assessment of the impact of the data processing activities;
- potential consequences, mitigation and/or prevention measures;
- consent of the data subjects with the mechanism for the data subjects to respond to or claim upon the occurrence of any incident; and
- a binding document between the transferor and the receiver of the personal data, outlining the rights, obligations and responsibilities of each party, etc. (Art. 25.2).
After the transfer is completed, the transferor must notify the MPS A05 Department (Art. 25.4).
Coverage Horizontal

VIETNAM

Since January 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 64/2020/QH14 on Public Private Partnership (Law 64) (Luật số 64/2020/QH14 của Quốc hội: Luật Đầu tư theo phương thức đối tác công tư)
Law No. 64/2020/QH14 on Public Private Partnership was issued in June 2020 and has been effective since January 2021. Art. 58.5 of the Law states that Public Private Partnership projects only use foreign labourers if domestic labourers do not meet the demand.
Coverage Horizontal

VIETNAM

Since June 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 22/2023/QH15 on Bidding (Luật Đấu thầu 2023 số 22/2023/QH15)
Vietnam’s Law No. 22/2023/QH15 on Bidding, which came into effect in June 2023, Law No. 43/2013/QH13 on Bidding. While the Law generally maintains similar provisions for scenarios where international bidding is permitted, it continues to require international bidders to collaborate with domestic contractors. This collaboration can take the form of a consortium or subcontracting arrangement, except in cases where no domestic contractors are qualified to execute any portion of the procurement package (Art. 5.1).
Coverage Horizontal

VIETNAM

Since June 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 22/2023/QH15 on Bidding (Luật Đấu thầu 2023 số 22/2023/QH15)
According to Art. 10 of Law No. 22/2023/QH15 on Bidding, incentives are integrated into the contractor and investor selection processes to prioritise eligible entities. For contractor selection, these incentives include suppliers of goods originating in Vietnam, domestic bidders producing Vietnam-origin goods, domestic bidders participating independently or in consortiums in international bidding, microenterprises, small enterprises, and startups. Incentives for contractors involve higher rankings for eligible bidders in cases of equal evaluation, extra points under fixed-price, technical-based, or combined technical and price evaluation methods, adjustments to bid prices for ineligible bidders under lowest-price methods, and prioritisation of capacity, experience, and other criteria during evaluations. Additionally, employers may require the inclusion of domestic goods in bids if at least three domestic manufacturers meet the specified standards. For investor selection, incentives apply to those implementing technological solutions to reduce environmental pollution in high-risk projects. Eligible investors receive higher rankings in cases of equal evaluation and extra points during bid evaluations.
Coverage Horizontal

VIETNAM

Since September 2019, entry into force in January 2020
Since November 2020, entry into force in February 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 73/2019/ND-CP, of the Government regulating the management of investment in information technology application using state budget capital (QUY ĐỊNH QUẢN LÝ ĐẦU TƯ ỨNG DỤNG CÔNG NGHỆ THÔNG TIN SỬ DỤNG NGUỒN VỐN NGÂN SÁCH NHÀ NƯỚC)

Circular No. 40/2020/TT-BTTTT, stipulating criteria for determining domestically produced information technology products and services that are prioritized for investment, lease, and procurement (QUY ĐỊNH TIÊU CHÍ XÁC ĐỊNH SẢN PHẨM, DỊCH VỤ CÔNG NGHỆ THÔNG TIN SẢN XUẤT TRONG NƯỚC ĐƯỢC ƯU TIÊN ĐẦU TƯ, THUÊ, MUA SẮM)
Circular No. 40 seeks to enhance the legal framework governing the prioritisation of domestically produced information technology (IT) products and services in investment, hiring, and procurement, as mandated by Art. 4 of Decree No. 73/2019/ND-CP. The Circular provides guidance to state agencies on consulting and accessing information regarding prioritised IT products and services for these purposes. Enterprises whose IT products and services meet the priority criteria outlined in the Circular (Arts. 5-9) are eligible to receive preferential consideration from state agencies in investment, leasing, and procurement processes.
Coverage Horizontal

VIETNAM

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Vietnam is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2012.
Coverage Horizontal

VIETNAM

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Limits on foreign ownership in cryptocurrency trading
It is reported that restrictions on foreign direct investment are applicable to cryptocurrency trading. When cryptocurrencies are traded as securities, such activity is considered regulated and requires a licence under the Capital Markets and Services Act, with a maximum of 70% foreign equity ownership permitted.
Coverage Cryptocurrency sector

VIETNAM

Since November 2009
Since October 2011

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 41/2009/QH12 on Telecommunication (Luật Viễn thông số 41/2009/QH12)

Decision No. 55/2011/QD-TTg of 14 October 2011, on the list of telecommunications service providers with network infrastructure in which the state holds dominating shares or capital contributions (Quyết định 55/2011/QĐ-TTg Về danh mục doanh nghiệp cung cấp dịch vụ viễn thông có hạ tầng mạng do nhà nước nắm cổ phần, vốn góp chi phối)
Art. 17 of the Law on Telecommunications regulates that the State holds the controlling shares in telecommunication companies considered particularly important to the operation of the entire national telecommunications infrastructure. Therefore, there are limits to foreign ownership in these companies. According to Art. 1 of Decision No. 55/2011/QD-TTg, these include the Vietnam Post and Telecommunications Group (VNPT), the Viettel Group (VIETTEL), Global Telecommunications Corporation (GTEL), and Indochina Telecom Joint Stock Company (INDOCHINA TELECOM).
Coverage State-owned enterprises in the telecom sector

Report issue     Report new measure